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GPSTC Exam 2- Criminal Procedure Questions with Latest Update
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GPSTC Exam 2- Criminal Procedure Questions with Latest Update
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GPSTC Exam 2- Criminal ProcedureQuestions with Latest Update
Probable Cause - Answer-facts or circumstances that would make a reasonable or
prudent person believe a crime IS being or HAS BEEN committed
*IS the basis for a search or arrest warrant
Probable Cause to Arrest
* An arrest W/OUT Probable Cause is ILLEGAL - Answer-facts or circumstances that
make a person believe that a particular person has committed a crime and that person
may be arrested for that crime
Probable Cause to Search - Answer-facts or circumstances that make an officer believe
that evidence of a crime is now in a particular location and that officer should be allowed
to go and search for that evidence
Probable Cause to Seize - Answer-acts or circumstances that would lead a reasonable
officer to believe that an item is contraband, is stolen, or constitutes evidence of a crime
Exclusionary Rule - Answer-evidence illegally obtained will not be admissible in court
*fruit of the poisonous tree
PURPOSE: to deter police misconduct and control behavior of LEO's
History of Exclusionary Rule - Answer-1. Weeks V. United States (1914): Lottery tickets
were seized from home w/out search warrant
*AT this time, the rule ONLY applied to federal government
*If this evidence was admitted, it would reduce 4th amendment
2. Wolfe V. Colorado (1949): Silver Platter doctrine was struck down
*At this time, exclusionary rule DID NOT apply to local officers
*Silver Platter Doctrine: Fed. Agents were going to local officers and would ask them to
search people's property w/out warrant and IF any evidence, to turn it in to Federal Gov.
3. Mapp V. Ohio (1961): When evidence was obtained in violation of the 4th
amendment (unreasonable search) and could not be admitted in a STATE court criminal
proceeding.
* Because of this, the exclusionary rule has now been applied to state, county, and local
gov't
*Now, everyone has to get a warrant for evidence to be legally obtained
Exceptions of Exclusionary Rule - Answer-1. Good Faith Exception:
2. Independent Source
, 3. The Inevitable Discovery
4. Purged Taint
1. Good Faith Exception
*DOES NOT APPLY IN GEORGIA - Answer-U.S V. Leon (1984):
A search warrant was made and large amounts of drugs were found and Leon was
indicted. Evidence was suppressed b/c there was no PC. The US Supreme Court
created the Good Faith exception to the exclusionary rule.
*When officers act in "Good Faith" by doing everything he/she can
17-5-30 Motion to Suppress Evidence (GA's stricter law on Good. Faith)
Background:
U.S. Supreme Court: Declared the state has power to impose higher standards on
searches/seizures if chosen to do so - Answer-IF UNREASONABLY searched,
defendant can have property returned (if it is lawful):
Requirements:
1. The search and seizure WITHOUT warrant is illegal
2. The search and seizure WITH warrant was ILLEGAL b/c warrant was insufficient on
facts, there was no PC for issuance of warrant, or the warrant was illegally executed
(10+ days)
* Must be in writing and state facts showing search and seize was unlawful
2. The Independent Source Exception - Answer-Existence of evidence, which was not
illegally seized, and provides basis for the discovery of the challenged evidence.
* Independent existing evidence can be USED if it is not used on the basis of illegal
arrest
3. The Inevitable Discovery Exception
Established by: Brewer V. Williams: 10 yr old girl went missing; Williams abducted her;
"Christian Burial Speech", volunteer search party - Answer-Court will not suppress
evidence if the government can establish that the evidence inevitably would have been
DISCOVERED LAWFULLY
* if prosecution can establish by a preponderance of the evidence that the information
ultimately or inevitably would have been discovered by lawful-mean-- the volunteer's
search"- then rationale has so little basis that evidence should be received.
11th Circuit Court of Appeals on Prosecution - Answer-Prosecution MUST show:
1. the Lawful means that made discovery inevitable, were POSSESSED by police
2. Were ACTIVELY being pursued PRIOR to the occurrence of illegal conduct
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